When Appeals Matter: How a Murder Conviction Can Be Reversed in California
Being convicted of a serious crime like murder can feel like the end of the road. Many defendants believe that once a jury returns a guilty verdict, their fate is sealed. However, California’s appellate process provides an opportunity for freedom after a wrongful conviction and legal errors that may have occurred during trial.
A recent California Court of Appeal decision demonstrates how instructional errors can lead to the reversal of even the most serious convictions, including second-degree murder. This blog examines how the appeals process works in California and why having skilled appellate representation is essential for protecting your rights.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
How Appeals Work in California
The California appellate system serves as a check on trial courts. Unlike trials, which determine factual questions, appeals focus on whether legal errors occurred that affected the outcome of the case.
After a conviction in a California court, defendants typically have 60 days to file a notice of appeal. This initiates a process that includes:
- Record preparation: Court transcripts and exhibits are compiled into an official record
- Opening brief: The appellant’s attorney files a brief identifying legal errors
- Respondent’s brief: The prosecution responds to the appellant’s arguments
- Reply brief: The appellant may address issues raised in the respondent’s brief
- Oral argument: Attorneys may present arguments before the appellate court
- Decision: The Court of Appeal issues a written opinion
It’s important to note that notice of appeal must be filed within 30 days for misdemeanor cases.
Appeals are not retrials. Appellate courts don’t hear new evidence or testimony. Instead, they review the trial record to determine if legal errors occurred that affected the defendant’s substantial rights.
Grounds for Appeal
Common grounds for appeal in criminal cases include:
- Instructional errors (as in the case discussed below)
- Improper admission or exclusion of evidence
- Prosecutorial misconduct
- Ineffective assistance of counsel
- Sentencing errors
- Constitutional violations
For an error to result in reversal, it generally must be prejudicial, meaning it likely affected the outcome of the case.
Bail Pending Appeal: Avoiding Prison While Your Case Is Reviewed
One critical aspect of appeals that many defendants don’t realize is the possibility of remaining free on bail while an appeal is pending. Under California Penal Code §1272.1, a defendant may be granted bail pending appeal if:
- The defendant is not likely to flee
- The defendant does not pose a danger to the community
- The appeal raises substantial legal issues that could result in reversal
Securing bail pending appeal requires strong legal advocacy. Courts carefully evaluate these factors, particularly the substantiality of the legal issues raised on appeal. Having an experienced appellate attorney who can effectively articulate these issues can make the difference between spending years in prison while awaiting an appellate decision and remaining free during this process.
What Happens If You Win on Appeal?
Winning on appeal doesn’t necessarily mean the case is over or dismissed. Possible outcomes include:
- Reversal and remand for a new trial: The conviction is reversed, and the case returns to the trial court for a new trial (most common).
- Modification of judgment: The appellate court may reduce charges or modify sentences.
- Outright reversal: In rare cases, the court might dismiss charges entirely.
Even when a new trial is ordered, the appellant’s position is often significantly improved. The prosecution must decide whether to retry the case, offer a favorable plea deal, or dismiss the charges. Additionally, the new trial will proceed without the legal errors that led to the reversal, providing a fairer process.
Real Life Example: People v. Virgen (2025)
In this case, a defendant was charged with murder and assault with a semiautomatic firearm along with two co defendants. After an initial trial resulted in a hung jury, a second trial was conducted where one co defendant took a plea deal and testified for the prosecution.
The prosecution’s theory was that all defendants had conspired to assault the victim, and during that assault, another co defendant shot and killed the victim. The trial court instructed the jury using standard California jury instructions regarding aiding and abetting principles and conspiracy liability. The jury instructions included language stating that a defendant could be convicted of crimes other than those intended if those crimes occurred during the commission of the first crime. The jury convicted the defendant of second-degree murder.
On appeal, the Court of Appeal found a significant instructional error. The court noted that murder requires “malice aforethought,” and in 2018, the California Legislature revised murder statutes to prohibit imputing malice to a person based solely on their participation in a crime. The appellate court found it reasonably likely that the jury misunderstood the instructions to mean the defendant could be convicted of murder without a finding of malice aforethought. Because the court could not conclude beyond a reasonable doubt that this error was harmless, it reversed the second-degree murder conviction and remanded the case for a new trial. This outcome highlights how a careful review of jury instructions and legal principles can lead to the reversal of even the most serious convictions.
How Our Criminal Defense Law Firm Can Help
Our criminal defense firm offers comprehensive appellate representation to protect your rights throughout this complex process, including: meticulous review of trial records, written briefs, advocating for bail, and developing an appellate strategy.
A conviction at trial is not the end of your case. The appellate process provides essential protections against legal errors and unjust outcomes. As the case discussed above demonstrates, even the most serious convictions can be reversed when proper legal procedures are not followed.
Contact Wallin & Klarich Today
If you are wanting to appeal a murder conviction, you need to contact an aggressive appellate attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
